Gamble & Ghevaert

Fertility law, assisted reproduction and the importance of specialist legal advice

February 19th, 2010

By Louisa Ghevaert, partner at Gamble and Ghevaert LLP

If you are thinking about or undergoing fertility treatment or assisted reproduction you will no doubt spend time and energy thinking about a range of factors including success rates, clinics, cost, treatment options, egg and sperm donation, timescales and process.  However, will you stop and think about the importance of specialist fertility law advice?  You wouldn’t buy a house, get divorced or make a Will without first obtaining legal advice.  So why take any unnecessary risks when you are building your much wanted family?

Fertility treatment and assisted reproduction is often time consuming, stressful, expensive and emotionally draining.  Why potentially make matters worse by failing to get to grips with the legal issues? Fertility law often overrides biology and this can create the wrong legal outcome for the unwitting, particularly as many people have complicated personal lives and family arrangements.

If you need third party assistance to conceive are you confident that the law will recognise you as a legal parent?  Are you sure you can be named as parent on your child’s birth certificate?  Will you be able to exercise parental responsibility and for example consent to medical treatment and vaccinations for your baby? Are you sure about the legal status your partner, spouse, surrogate or donor will have for your child?

If you adopt a laissez-faire approach or lull yourself into a false sense of security that the legal side of things will be alright you could be doing yourself and your family a huge disservice.  Once you have conceived it’s often too late to avoid some of the legal pitfalls and you may then need complicated legal solutions further down the line.

If you take early specialist fertility law advice before you conceive and you tackle the legal issues as they apply to your particular circumstances you may save yourself a lot of heartache.  A well drafted donor agreement if you’re involving a known donor or a clear understanding of surrogacy law if you plan to conceive through surrogacy or a specialist Will could save you time, money and worry.

Don’t leave the legal side of things to chance.  Fertility law isn’t always well designed for modern twenty first century living.  Invest in specialist fertility law advice at the start and take control of your family’s future.

For more information about family building see our family building service.

Natalie Gamble invited to 10 Downing Street

February 18th, 2010

We are delighted to report that Natalie has been invited by the Prime Minister to a reception at 10 Downing Street to celebrate the contribution of leading lesbian and gay people to Britain.  

The invitation to Number 10 recognises Natalie’s work as a prominent champion of same sex families.  Natalie has both spoken openly and about her own experiences as a mother and given legal help and support to many hundreds of gay and lesbian families conceived through assisted reproduction.   She was at the forefront of securing groundbreaking legal changes in the Human Fertilisation and Embryology Act 2008,  allowing lesbian couples conceiving together through donor insemination to be named on the birth certificate together, and from April this year allowing gay couples who have a child through surrogacy to apply to court to be recognised as equal legal parents.  The changes were controversial in Parliament (with MPs given a free vote to decide whether clinics should consider a child’s need for a mother and a father before offering fertility treatment) but were passed last year, and now ensure that same sex parents are treated in the same way as heterosexual couples conceiving through assisted reproduction.

You can find out more about Natalie and her work, about the new legal rights for lesbian parents and about how the law works for gay men considering surrogacy on our website.

“International Surrogacy, Fertility Tourism and the American Bar Association” article by Louisa Ghevaert published in The Review

February 9th, 2010

Back in October 2009, Louisa Ghevaert was invited to speak to the American Bar Association’s Family Fall Conference in Montreal and give an English law perspective on international surrogacy arrangements.  Read her published account in The Review, the journal of the Association of Family Lawyers (Resolution) with a membership of 5,500.

US assisted reproduction attorneys were keen to get to grips with English surrogacy law as it applies to British people thinking about building their family through surrogacy in the US and the legal pitfalls they face navigating a safe legal path home to the UK after the birth of their surrogate born child.

US assisted reproduction lawyers expressed concerns that British parents may breach British immigration control by travelling home using their surrogate born child’s US passport.  They expressed further concern that US court orders recognising British intended parents as legal parents are not automatically recognised in England and Wales and that British intended parents could in certain circumstances commit a criminal offence in caring for their surrogate born child in the UK if they failed to apply for a parental order to be legally recognised as parents.

For more information about international surrogacy and the legal issues surrounding this visit our international surrogacy pages.

The art of baby making

January 11th, 2010

Deciding that the time is right to build a family is a defining moment in your life.  However, unfortunately this is all too often just the start of a long and difficult journey to parenthood, fraught with many potential problems and pitfalls along the way. Whether you are a single gay man or woman or in a relationship, there is a definite art to building a family and making babies.

The problems

For prospective same-sex parents the obvious biological difficulties create major hurdles to overcome in the baby making process. Decisions inevitably have to be made about sourcing anonymous or known donor sperm, donor eggs, surrogacy or the merits of co-parenting.  The wrong decision at the outset can lead to all manner of problems further down the line.

Many people are often short of time, lack peace of mind about their choice or feel overwhelmed by the different options for creating a family. Issues of, timing, cost, treatment and general logistics can lead to knee jerk decisions, wasted time and money, legal complications and a lot of heartache.

Take for example John, a successful marketing consultant, who’s always wanted a family of his own and feels the time is right to get started. What are his options as a single gay man?  He could adopt, co-parent with a female friend, consider surrogacy in the UK or abroad or get himself a partner with children.  However, there is so much to get to grips with in terms of understanding the fertility sector as a whole, knowing the fertility treatment options and tackling the often complex underlying legal issues.  John simply doesn’t know where to start and he doesn’t want to mess things up.  His concerns often keep him awake at night and are stopping him from taking the plunge.

Solutions

John should be encouraged to know that he isn’t alone in his wish to build a family and there is good quality of advice and information out there if he knows where to look.  Once he appreciates the bigger picture and takes more control, family building and baby making becomes easier. So, what are some of the basics John should think about?

Navigating the fertility and parenting sector

John would benefit enormously from a greater understanding of how the law works.  John needs to get clear in his own mind whether he wants parental autonomy or whether he would be happy to share parenting and if so the degree of his involvement on a day to day basis.

John then needs to think about the practicalities of achieving his goal.  He will need to understand better the wide range of services available in the fertility and parenting sector.  These include UK licensed fertility clinics, the issues surrounding informal conception, the role of the not-for-profit organisations in the UK including Infertility Network UK, Donor Conception Network, COTS, Surrogacy UK, the British Association for Adoption and Fostering (BAAF), the framework surrounding fertility treatment in the UK and options if he were to build a family abroad.

If John decides that conception is the way to go, understanding the basic different fertility treatment options is key.  It may be stating the obvious, but no one is born knowing the difference between IVF, IUI, ICSI, straight or host surrogacy, and it makes sense to take a little time to explore these at the outset.  This can help John to gather more information and medical help and support with better efficiency.

Underlying legal issues

John shouldn’t be fooled into thinking that everything will be straightforward legally.  Building a family through assisted conception often creates a legal minefield.  The law isn’t always logical and he really does need to understand the legal basics, including legal parenthood, parental responsibility, issues of citizenship and the importance of family-proofing his Will.

Having a family is no longer the preserve of straight couples.  Time have changed and with recent improvements to the law there are now more options than ever to build a family and become a parent.  You just need to know how to go about it in the right way.

For more information on our family building service see our website.

Prime Minister responds to Gamble and Ghevaert clients’ embryo appeal

January 5th, 2010

Back in October, Gamble and Ghevaert clients Melanie and Robert Gladwin succeeded in winning a last minute change to the law on embryo storage, allowing them (and other prospective parents like them) to keep their precious frozen embryos.  Their campaign included a petition presented at 10 Downing Street, and the Prime Minister’s office has now formally responded, explaining the action taken to change the law and saying that “the Government recognised that [the law] could prevent these couples from having a much-wanted genetically related child“.  You can read the response on the official site of the Prime Minister’s office.

For more information on the Gladwin’s story and campaign, read our blog entry ‘Government bows to pressure on embryo storage rules’.

There is also more information on embryo storage law and how it works available on our website.

 

http://www.number10.gov.uk/Page21835

Stonewall publishes guide to the new laws on gay parenting

December 10th, 2009

Gamble and Ghevaert LLP has worked with leading gay rights organisation Stonewall to produce a guide to the new laws on gay and lesbian parenting, called Parenthood for Same Sex Couples.  Funded by the Big Lottery Fund, the guide aims to provide clear information to service providers about the law on same sex conception and parenting, including donor insemination (and the new legal rights for lesbian couples to be named on birth certificates), co-parenting arrangements, and UK and international surrogacy for gay men.  The guide will be distributed to key service providers nationally (including law centres) and is available on the Stonewall website.

We are delighted to have helped with this project, as we think it is vitally important for there to be good and widespread understanding of the UK’s new fertility laws which rightly recognise gay and lesbian couples as parents of children they conceive together. 

Read ‘Parenthood for Same Sex Couples’.

More information on gay surrogacy law from the Gamble and Ghevaert website.

More information on donor insemination and co-parenting law from the Gamble and Ghevaert website.

More information about our public service work and fertility law services to charities.

Natalie Gamble and Louisa Ghevaert published in leading journal International Family Law

December 4th, 2009

Natalie Gamble and Louisa Ghevaert have been published in the November edition of leading international law journal, International Family Law.  The substantial article (entitled ‘The chosen middle ground: England, surrogacy law and the international arena’) discusses the problems of international surrogacy law from the UK perspective.  It takes stock of the history of surrogacy law in the UK, explaining how the law has evolved over the past 25 years through the Warnock Report, the 1985 Surrogacy Arrangements Act, the 1990 legislation, the Brazier Report and the most recent changes in the Human Fertilisation and Embryology Act 2008, and examines where surrogacy law in the UK now stands. 

Without harmonisation of international surrogacy laws, and in an increasingly globalised world in which prospective parents are increasingly crossing borders for fertility treatment, UK fertility law simply has not kept pace.  The article examines the legal problems which arise for foreign couples coming to the UK for surrogacy, and the difficulties for British couples conceiving through surrogacy abroad (looking in particular at the importance of the Re X and Y case which involved a British-Ukrainian surrogacy arrangement and which Natalie and Louisa dealt with in the High Court a year ago).  The article considers the way forward, arguing that international surrogacy law desperately needs to be reviewed.

If you would like to read the article in full, please contact us for a copy.

More information about international surrogacy law from the Gamble and Ghevaert website.

Department of Health consults on surrogacy law

November 9th, 2009

Parents through surrogacy must apply to court for a ‘parental order’ after their child is born, making them the legal parents and extinguishing the status of their surrogate mother.  Under the current law only married couples can apply, but Parliament decided last year to open up the system to unmarried and gay couples (who will be able to apply for parental orders from 6 April 2010).  As a result of these changes, the government is now reviewing the detail of how the court process works.

As well as looking at some of the technical detail of surrogacy law, this gives us a welcome opportunity to highlight the wider problems with UK surrogacy law, which is outdated and in dire need of a more fundamental overhaul.  If you are affected by these issues, please do join our campaign and respond to the consultation before it closes on 23 November.

Read our article ‘Moving surrogacy law forward?‘ in Bionews (dated 3 November 2009).

More information about why surrogacy law needs reviewing from the Gamble and Ghevaert website.

To respond to the consultation, visit the Department of Health website page.

Daily Mail feature on solo mothers quotes Natalie Gamble

November 9th, 2009

The Daily Mail has featured an article on solo mothers by choice, looking at single women who conceive through sperm donation in the UK.  Natalie Gamble is quoted in the article, alongside leading clinicians and patient representatives, as a leading fertility law expert.  Natalie explains in particular how the change to the law removing clinics’ obligation to consider the child’s need for a father (which took effect on 1 October) has affected solo mothers. 

Click here to read the article in full.

More information about the law for single mothers conceiving with donor sperm from the Gamble and Ghevaert website.

Evening Standard highlights the lack of maternity leave for mothers in surrogacy situations

October 30th, 2009

The London Evening Standard has covered the lack of rights to maternity leave for mothers who have a child through surrogacy, and Natalie Gamble is quoted extensively (read the Evening Standard article ‘Women who use surrogates in fight to claim maternity leave’).  This is just one of the problems with surrogacy law which we are seeking to bring to the government’s attention as part of the Department of Health’s current consultation on changes to surrogacy law.  See our Why Surrogacy Law Needs Reviewing page for more information.